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AVERY v. ORDER OF ST. BASIL THE GREAT

21 N.Y.2d 908 (1968)

Edwin Avery, Appellant, v. Order of St. Basil the Great, Respondent.

Court of Appeals of the State of New York.

Decided April 3, 1968.

Attorney(s) appearing for the Case

Maurice P. O'Brien for appellant.

William F. McNulty for respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN. Dissent: Judge KEATING.

Order affirmed, with costs; no opinion.

Judge KEATING dissents and votes to reverse and grant a new trial on the ground that there were questions of fact, properly presented to the jury under an adequate charge, both as to breach of a duty owed to plaintiff by defendant and as to plaintiff's freedom from contributory...

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